Removing properties from HOA in Virginia

Started by ChuckS7 • 5 replies • 193 views

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ChuckS7 (Virginia)
Posts: 9

Posted:

We’re a small HOA in Virginia with 32 homes. We have private roads (not in the state system) and the HOA exists to maintain the roads. We have no amenities, pool, clubhouse, etc that HOA members could use. Just the roads.

When the community was established, the lots were all 10 acre lots. The developer subdivided a 10 acre lot that fronted a state road into three 3+ acre lots. Two of those lots do not have access to the private roads and their driveways open on to the state road. Recently, one of the owners of these two lots asked about leaving the HOA, since he gets no benefit from the private roads. I don’t disagree with his logic and would ask the same question if I was in his position. The dues on these three lots are substantially less than the lots that use the private roads to access their homes.

The covenants have no provisions for leaving the HOA. Anybody have any thoughts on how we would go about doing this?

ElleN (Idaho)
Posts: 1,333

Posted:

Quote:

Posted By ChuckS7 on 07/14/2025 7:21 AM
We’re a small HOA in Virginia with 32 homes. We have private roads (not in the state system) and the HOA exists to maintain the roads.

Does the Declaration have covenants pertaining to appearance, nuisance et cetera? If so, then these three homes that do not use the private roads nonetheless receive a benefit from the HOA.

Here is where you should begin your review of how to get these three homes removed from the HOA:

To be removed from the HOA and the covenants, owners would have to vote to amend the covenants. Also the HOA would have to apply to the city to amend the plat, showing which homes are in the HOA. Many cities nationwide require newer subdivisions to have a HOA. The city may resist greatly removing homes from the HOA.

The covenants will state what percentage must vote in favor of such a proposed amendment for the amendment to pass, with one caveat: If the three homes are removed, then the other homes are going to have to pay more. The courts say that amendments to covenants have to be "reasonable" to be enforceable. Because of the disproportionate financial impact, a court might very well say only 100% agreement on the proposed covenant will allow the covenant to be enforceable. In sum:

-- Review the general procedure for amending the covenants, as given in the covenants.
-- Ask the city about amending the plat.
-- Consult an attorney.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I expect that your CC&Rs specify what properties are subject to them.

To remove or add properties to your covenants, you would need to amend them, typically requiring 2/3 approval from the membership.

DeanJ
Posts: 1,786

Posted:

So if the attorney fees are $3,000, is this owner ponying up the money?

JoeN6 (Virginia)
Posts: 94

Posted:

I would rather read the covenants first before tendering a suggestion , however , the hoa exists only to maintain a private roads ? It may be fair to ina friendly way to let the lot owner and hoa Agree , in writing , that , the lot owner who does not need the private road to relinquish any right to said road that might be specified in the covenants. Ie , he will not walk his dog on said road , his kids will not use the road to run their motor scooters , etc etc , also , lot owner will not attend road meetings nor have a say in road assessments , lot owner will still comply with other covenants and restrictions , upon sale of lot , new purchaser is invoiced a road assessment and is allowed road privileges.

Does that sound reasonable ?

DeanJ
Posts: 1,786

Posted:

This owner knew when he purchased he was in an HOA and he didn’t benefit from the road.

If I purchased in an HOA where common areas were funded by 32 owner, allowing one owner to opt out would result in a 3.2% increase in future assessments and I would not favor allowing this owner out.

This is no different than a person buying in an HOA who will never use any amenity.

Additionally if your HOA has the ability to adopt and enforce various regulations, why would you want to risk this lot turning into a junk heap in the future?

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